PIP appeal

calcotti

I think it is inevitable that the assessment report is to some extent based on the day of the report. It is a snap shot. However the assessor doesn't make the decision, that is the role of the Decision Maker and they are supposed to considerate report in the context of the remaining evidence. If the claimant has only provided limited information of how they are affected when completing the PIP2 that context is lacking. Relying on medical evidence doesn't help which this usually only confirms a diagnosis and impact varies.

So the assessor may record that the claimant was seen to walk from the car park to the assessment room, a distance of 80 metres. That statement is true. However if the claimant has said that they only leave the hose on limited occasionally, mainly for medical appointments and that they take additional painkillers to do so and afterwards have to go back to bed and usually tend to spend the next day in bed because they are too exhausted to get up, then the DM should consider the observation the report in the context of the claimant's statements.

It comes back to the claimant explained the impact their health has on their ability to carry out the activities.

tifo

calcotti said:

It comes back to the claimant explained the impact their health has on their ability to carry out the activities.

I did this. Just nothing got believed by all parties, inc the tribunal. It was all true though, with evidence.

tifo

Sncjw said:

Have you spoken to an eye clinic liaison officer in regards to support with your sight also I would still check out the legal requirements for driving too. Also they will be able to advise if you can be registered as sight impaired or severely sight impaired.   I believe that if you drive when your not supposed it it can invalidate your insurance 

You don't need to for monocular vision, and DVLA know from the time they've issued any license. https://www.gov.uk/monocular-vision-and-driving "You do not need to tell DVLA if you have monocular vision if you’re still able to meet the standards of vision for driving".

Certain conditions have to be reported if they affect both eyes or one eye, I don't have these.

Alice_Holt

This is as much for other forumites as the OP.

The RNIB have an excellent guide for the sight impaired and claiming PIP.

https://www.rnib.org.uk/living-with-sight-loss/money-and-benefits/personal-independence-payment-pip-toolkit/daily-living/

So, for instance,

" Dressing and undressing This activity looks at your ability to put on and take off culturally appropriate, un-adapted clothing that is suitable for the situation.
Questions relevant to sight loss
The legal test is:
Needs ... prompting or assistance to be able to select appropriate clothing. Points: 2 More information to help you answer the questions
If you need help with fastenings, such as zips or buttons this can be taken into account as can your ability to put on/take off socks and shoes.
Top tips

When answering the questions think about –

Do you need advice from another person about which clothes will be appropriate?

Do you need help with selecting clothes?

Do you need someone to check that the clothes you are wearing are clean and do not have stains on them?

Do you need someone to check that your clothes do not have any holes or need minor repairs?

Do you use shoes that have a Velcro fastening rather than laces?

Do you use aids or other methods to help you to identify your clothes, e.g. Penfriend labels, Slade buttons?

Do you rely on another person or your sense of touch to tell whether clothes are inside out or on the right way around? "

tifo

For me, it's more the mobility and journeys than daily living and I feel I meet at least the 8 points in mobility but occasionally activity 9 and 6.

poppy12345

tifo said:

For me, it's more the mobility and journeys than daily living and I feel I meet at least the 8 points in mobility but occasionally activity 9 and 6.

Occasionally isn't going to help. You need to be affected at least 50% of the time over a 12 month period.

tifo

poppy12345 said:

tifo said:

For me, it's more the mobility and journeys than daily living and I feel I meet at least the 8 points in mobility but occasionally activity 9 and 6.

Occasionally isn't going to help. You need to be affected at least 50% of the time over a 12 month period.

Yes, I meant that I meet at least the criteria for 8 points in mobility for the lower award but that occasionally I also meet activity 6 and 9, I understand that the points are given for being affected more than 50% of the time and in this regard have 2 points for needing help with medication and that I don't meet the threshold for daily living. But in my assessment I say how i'm truly affected for all descriptors. If any (and there were) don't apply i've said so.

peteuk

tifo said:

For me, it's more the mobility and journeys than daily living and I feel I meet at least the 8 points in mobility but occasionally activity 9 and 6.

I’m getting confused (sorry it’s me) do you mind if I break this down.

Mobility - PIP says able to stand and walk 200m
WCA says 0 to 50 meters.

Journeys - you’ve a car and licence but suffer with eye problems but not to the extent you’ve been told to inform DVLA and to the point of surrendering your licence.  Is the car manual or automatic?

Sadly journeys don’t take into account physical health, it’s mental health only.  So the points for the mobility section will come from your ability to stand and move, aided or unaided. There’s an obvious discrepancy between the two reports.  Did you have a face to face appointment for PIP?

6 - Dressing/ undressing and 9 - engaging with others, is this down to you eye problems?
Youve also mentioned 2 pts for help with medication, I assume that’s activity 3.  2 pts would be for supervised therapy, not assisting with medication. (Might be an old table I’m using) But thedevil is in the detail.

I wish I still had my PIP training posters, they might be on my old pc.  Would be helpful.

Spoonie_Turtle

peteuk said:
… (Might be an old table I’m using) But thedevil is in the detail.

I wish I still had my PIP training posters, they might be on my old pc.  Would be helpful.

All the info is here https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

PIPInfo is a good site for quick reference for specific activities/descriptors https://pipinfo.net/

And the CAB have a handy PDF https://www.citizensadvice.org.uk/Global/PIP descriptors.pdf

poppy12345

peteuk said:

tifo said:

For me, it's more the mobility and journeys than daily living and I feel I meet at least the 8 points in mobility but occasionally activity 9 and 6.

I’m getting confused (sorry it’s me) do you mind if I break this down.

It's not just you, i'm confused too because everything that the OP has said makes no sense. I'm starting to see why they were refused at Tribunal stage.